Guarantee of financial responsibility

The Immigration and Nationality Act is amended by striking section 213 (8 U.S.C. 1183) and inserting: 213. Financial responsibility of sponsors (a) An alien excludable under paragraph 4 of Section 212(a) may, if otherwise admissible, be admitted in the discretion of the Attorney General upon the giving of a suitable and proper bond and a guarantee of financial responsibility by an individual (hereinafter in this section referred to as the alien's sponsor) who is not less than 21 nor more than 60 years of age, is of good moral character, has never been convicted of a felony, has never filed for bankruptcy or been adjudicated a bankrupt, and is a citizen of the United States or an alien lawfully admitted for permanent residence. (b) The guarantee of financial responsibility in subsection (a) must provide (1) that the sponsor, and the sponsor's spouse if the sponsor is married, agree in the case of an alien under 21 years of age, to assume legal custody for the alien after the alien's departure to the United States and until the alien becomes 21 years of age, in accordance with the law of the State where the sponsor resides, and (2) that the sponsor agrees to furnish, during the 5-year period beginning on the date of the alien's acquiring the status of an alien lawfully admitted for permanent residence, or during the period beginning on the date of the alien's acquiring the status of an alien lawfully admitted for permanent residence and ending on the date on which the alien becomes 21 years of age, whichever period is longer, such financial support as is necessary to prevent the alien's becoming a public charge. (c) A guarantee of financial responsibility given under subsection (a) may be enforced with respect to an alien by a civil suit against his sponsor by the Attorney General or by any Federal or State agency that has provided the alien means-tested public assistance of any kind, including but not limited to medical, food, and housing assistance. (d) Civil suits under subsection (c) shall be brought in the United States district court for the district in which the defendant resides and may be brought at any time on or before the date that is 5 years after the date on which the sponsor's period of financial responsibility under subsection (a) expired. (e) The bond required of an alien's sponsor by subsection (a) shall be in favor of the United States and all States, territories, countries, towns, municipalities, and districts within the United States and shall hold them harmless against the alien's becoming a public charge. The bond shall be in such amount and shall contain such conditions as the Attorney General may prescribe. The bond shall terminate upon (1) the alien's permanent departure from the United States, (2) the death of an alien, or (3) the expiration of the period of financial responsibility described in subsection (b), whichever occurs first, and any sums or other security held to secure performance thereof, except to the extent forfeited for violation of the terms thereof, shall be returned to the person by whom furnished, or to his legal representative..